DUI Probable Cause and You: What You Need to Know

DUI Probable Cause and You: What You Need to Know

The worst nightmare for any driver is driving on the open road, only to be pulled over by a cop. Next, you find yourself asked if you were drinking. When the cop examines the situation, he requests you pass at least one test to prove your sobriety. The entire process causes stress and worries for any driver pulled over for a potential DUI. Yet drivers must know that there must be probable cause for you to be arrested for driving under the influence, aka DUI.

While many simply accept the charges leveled against them and deal with the consequences, doing so may do more harm than good. Cops must follow a set of guidelines laid out in the law to a tee. In the case of failing to follow the guidelines or going off the books, the cops may jeopardize their case against you. This is where your potential saving grace comes in. Cops cannot simply pull you over without probable cause. However guilty you may feel, if the cops fail to follow the guidelines they must follow, you may have a case to get out of your DUI.

What Constitutes Probable Cause?

Probable cause consists of various different options. However, without a probable cause, cops cannot simply pull you over. At that point, it would be an unfair guessing game against drivers. Thus, cops must not only have the probable cause, but they must also be certain of why they are pulling you over as well.

Knowing the different possibilities helps you avoid arrest for driving under the influence. A common probable cause consists of your driving recklessly. If your car swerves or appears to be moving in a way that normal cars do not move, a cop will often believe you to be driving drunk. Due to the amount of danger you cause to those driving around you in that scenario, the law covers it as a probable cause for being pulled over.

Another probable cause is an accident. Accidents lead to cops showing up and taking down notes and assessing the entire situation. Should you be involved in an accident, a cop will assess the situation and determine what happened to cause the accident. At that point, they may suspect you of driving under the influence. Due to the accident, they own the right to call you out for driving under the influence. The accident allows them the right to probable cause in the scenario.

Can I Cause Probable Cause?

While this may seem like a strange question, the answer is actually yes. Through poor behavior directed at a cop, you can actually trigger probable cause. Remember to treat cops with respect, as the law respects cops and works to ensure their safety. For example, perhaps a cop pulls you over for your failing to use your turn signal. When the cop questions you on the failed turn signal, you slur insults at them. At that point, rather than a simple fine for failing to signal, you triggered probable cause. Suddenly you face much more drastic possibilities regarding potential punishment. Treating officers with respect and failing to self-incriminate remains key.

What Happens If I Am Pulled Over Without Probable Cause?

Many times officers will pull you over for routine traffic stop reasons, like you failing to use your turn signal. That does not work as probable cause for a DUI arrest. While you may not know that, the law understands it to be true. Accordingly, the law then works in your favor, as the cop misused the law to arrest you. A cop must have sufficient evidence to question and arrest you for DUI, so the pull over must be due to driving under the influence related reasons.

In the scenario a cop pulls you over without probable cause, your legal options increase tremendously. Hiring a RI DUI Lawyer experienced in fighting DUI charges works as a strong first step. They will be armed with a strong legal case to use in court. Remember, Attorneys wish to ensure their clients receive the most minimal punishments possible. Providing them with the most evidence in your favor works wonders for keeping your punishment at a minimum.

The law may be harsh towards those arrested for DUI offenses, but mainly for deserved DUI offenses. Undeserved DUI offenses, such as ones where there was no probable cause for pull over/arrest makes the law much more lenient. Working with your RI DUI attorney, you own a strong case in your favor thanks to the failed work by the officer.

With an experienced RI DUI lawyer arguing a strong case, all of the legal assistance you need sits in your pocket. After an arrest with no probable cause, make certain to let yourself fight for your rights. After all, the law works in your favor then.

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Chad Bank is a Rhode Island DUI Attorney who concentrates his legal practice in the areas of DUI Defense and Criminal Defense.

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